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��������������������� BEFORE THE MONTANA HERITAGE PRESERVATION

���������������������������������� AND DEVELOPMENT COMMISSION

������������������������������������� DEPARTMENT OF COMMERCE

�������������������������������������� OF THE STATE OF MONTANA

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In the matter of the transfer of ARM 10.125.101, 10.125.102, 10.125.103, 10.125.104, 10.125.105, 10.125.106, and 10.125.107 and the adoption of New Rules I through VII pertaining to the sale of real and personal property by the Montana Heritage Preservation and Development Commission �

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NOTICE OF TRANSFER AND ADOPTION �

TO:�All Concerned Persons

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�����1.�On December 20, 2007, the Department of Commerce and the Montana Heritage Preservation and Development Commission published MAR Notice No. 8-112-64 pertaining to the public hearing on the proposed transfer and adoption of the above-stated rules at page 2026 of the 2007 Montana Administrative Register, Issue Number 24.

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2.�The department and commission have transferred ARM 10.125.101, 10.125.102, 10.125.103, 10.125.104, 10.125.105, 10.125.106, and 10.125.107 as proposed, and have adopted New Rule II (8.112.202), New Rule III (8.112.205), New Rule V (8.112.209), New Rule VI (8.112.210), New Rule VII (8.112.213) as proposed.

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3.�The department and commission have adopted the following rules as proposed with the following changes from the original proposal, stricken matter interlined, new matter underlined:�

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NEW RULE I (8.112.201)�DEFINITIONS�The following definitions shall be used in these rules, unless context clearly indicates otherwise:

�����(1) and (2) remain as proposed.

�����(3)�"Executive Committee" means the committee appointed by the commission chair, made up of the current commission chair, a recent past chair (if available), the Director of the Montana Department of Commerce or his/her designee, and the current chair of the Commission's Finance and Management Committee and the secretary-treasurer.

(4) through (8) remain as proposed.

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REASON:�This change is made to accurately reflect the current composition of the commission's Executive Committee.

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�����NEW RULE IV (8.112.206) �SALE PROCEDURES � REAL PROPERTY�

�����(1) through (1)(b) remain as proposed.

���� (c)�The Real Property Sales Committee may make real property sale recommendations to the Executive Committee at any meeting properly noticed and with the discussion of sales included on the agenda.�All recommendations will include a review of how the extent to which the proposed sale meets the criteria in [NEW RULE II] ARM 8.112.205.�The Real Property Sales Committee shall prepare its recommendation to the Executive Committee in writing.

(d) through (3) remain as proposed.

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REASON:�This change is made to more accurately reflect the fact that the recommendation of proposed real property sales by the Executive Committee will involve a range in the extent to which the proposal meets the criteria in NEW RULE II (8.112.202), not that they simply meet the criteria or not.

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4.�No comments or testimony were received.

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/s/�KELLY A. CASILLAS������������ ��������� /s/�ANTHONY J. PREITE����������

KELLY A. CASILLAS���������������������������� ANTHONY J. PREITE

Rule Reviewer�������������������������������������� Director

����������������������������������������������������������� Department of Commerce

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Certified to the Secretary of State March 3, 2008.